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202200675
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Last modified
1/26/2022 3:23:07 PM
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1/26/2022 3:23:07 PM
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DEEDS
Inst Number
202200675
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2022006'75 <br />premises, or at the Courthouse in the County wherein such property is located, describing the <br />property to be sold by its legal description, said notice to be published in a newspaper of general <br />circulation in the County wherein such property is located, once a week for five (5) consecutive <br />weeks, the last publication to be at least ten (10) days, but not more than thirty (30) days prior to <br />the sale; and the Trustee shall then sell said property at the time and place designated in the notice, <br />in the manner provided by law in effect at the time of filing said notice, at public auction to the <br />highest bidder for cash and shall deliver to such purchaser a deed to the property sold, consistent <br />with the law in effect at the time. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser, Trustee's <br />Deed conveying the property sold. Recitals in the Trustee's deed shall be prima facia evidence <br />of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the <br />following order: (a) to all reasonable costs and expenses of the sale, including but not limited to, <br />Trustee's fees of not more than two percent (2%) of the gross sale price, reasonable attorney fees <br />and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, <br />to the person or persons legally entitled thereto. Any person, including Beneficiary, may <br />purchase said property at said sale. <br />The person conducting the sale may, for any cause he or she deems expedient, postpone <br />the sale from time to time until it shall be completed and, in every such case, notice of <br />postponement shall be given by public declaration thereof by such person at the time and place <br />last appointed for the sale; provided, if the sale is postponed for longer than one (1) day beyond <br />the date designated in the notice of sale, notice thereof shall be given in the same manner as the <br />original notice of sale. <br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligation secured hereby and <br />to exercise all rights and powers under this Deed of Trust or under any loan instrument or other <br />agreement or any laws now or hereafter enforced, notwithstanding some or all of the indebtedness <br />and obligations secured hereby which may now or hereafter be otherwise secured, whether by <br />mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this <br />Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or <br />other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's <br />right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, <br />it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this <br />Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in such <br />order and manner as they, or either of them, may in their absolute discretion determine. No <br />remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of <br />any other remedy herein or by law provided or permitted, but each shall be cumulative and shall <br />be in addition to every other remedy given hereunder or now or hereafter existing at law or in <br />equity or by statute. Every power or remedy given by any of the loan instruments to Trustee or <br />Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently <br />or independently, from time to time, and as often as may be deemed expedient by Trustee or <br />Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be <br />construed as prohibiting Beneficiary from seeking a deficiency judgment against Trustor to the <br />extent such action is permitted by law. <br />14. Request for Notice. Trustor hereby request a copy of any notice of default and that <br />any notice of sale hereunder be mailed to Trustor at the address set forth in the first paragraph of <br />5 <br />
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